Rights and Powers of the City. 


fF Section 1.—The inhabitants of the 
rity of Fitchburg shall continue to be 
f body politic and corporate, under the 
ame of the city of Fitchburg, and as 
mich shall have, exercise and enjoy all 
mie rights, immunities, powers and 
rivileges, and shall be subject to all 
e duties and obligations herein pro- 
ided, or otherwise pertaining to said 
ity as a municipal corporation. 


Wards. 


Section 2.—The city shall continue 
» be divided into six wards as the 
ame are now established, until a new 
ivision of its territory be made in 
ich manner as may be provided by 
UW. 


Elective Officers. 


Section 3.—The government of said 
ity and the general administration 
nd control of its affairs shall be vest- 
in a municipal council, to be called 
e board of aldermen, which shall be 
lected and shall exercise its powers in 
e manner hereinafter set forth; ex- 


stration and control of its 
hools shall be vested 
ommittee constituted 
ith this act. 

Section 4.—The board of aldermen 
all consist of a mayor and as many 
Idermen as there shall be wards in 
Aid city. The school committee shall 
onsist of the mayor and the president 
fF the board of aldermen, ex officiis, 
nd as many other members as there 
nall be wards in said city. Said offi- 
ers shall be sworn to the faithful per- 
prmance of their respective duties. A 
ajority of said board of aldermen, or 
f said school committee, respectively, 
hall constitute a quorum for the 
ransaction of business. Except as 
ereinafter otherwise provided, the 
ayor and aldermen shall hold their 
fices for one municipal year, and the 
embers of the school committee for 
hree municipal years, next following 


public 
in a School 
in accordance 


ept, however, that the general admin-’ 


DRAFT OF PROPOSED CITY CHARTER 


As submitted by the sub-committee of the 


PEOPLE’S CHARTER LEAGUE OF FITCHBURG. 


the time of their election, and until 
their successors shall be elected and 
qualified. Each municipal year shall 


begin at 10 o’clock in the forenoon of 
the first Monday of January. 


Elections. 


Section 5.—The regular annual] elec- 
tion of city officers shall be held on the 
first Tuesday of December, at which 
time the qualified voters of the several 
wards shall give in their votes, by bal- 
lot, for such officers aS may be re- 
quired in this act or by law to be 
elected at that time. 

Section 6—In the year nineteen 
hundred and fourteen, there shall be 
elected at the annual city election, by 
the qualified voters of the city at large, 
the mayor, six aldermen, and six mem- 
bers of the school committee, of whom 
there shall be one alderman and one 
member of the school committee from 
each ward of the city. In every year 
thereafter there shall be a mayor 
elected: by the voters as aforesaid, at 
the annual city election, and an alder- 
man from each ward as aforesaid. Of 
the members of the school committee, 
two shall be elected for the term of 
three municipal years, two for the term 
of two municipal years, and two for: 
the term of one municipal year. The 
board of registrars: of voters shall in: 
said year nineteen hundred and four-- 
teen, previous to the calling of the mu- 
nicipal caucus, required by this act, 
determine by a drawing or otherwise, 


from which of the six wards the mem- 


bers of said committee shall be elected 
in said year, for the respective terms 
of three, two and one years. At each 
succeeding annual municipal eleccion 
thereafter, there shall be elected by 
the voters as aforesaid, two members 
of the school committee for a term of 
three municipal years from the wards 
of which the terms of their members 
of said committee shall then in any 
such year be about to expire. 

Section 7.—In the event of any fu- 
ture change of the number or bound- 


aries of the wards of the city, the 
board of registrars of voters, or 
such board as shall then have the 
legal powers or duties now exercised 
by said registrars, shall in the year of 
such change, and in any subsequent 
year if necessary, previous to the call- 
ing of the municipal caucus, required 
by this act, determine by a drawing 
or otherwise, if necessary, for what 
wards and terms the required whole 
number of new members of the school 
committee shall be elected in that year, 
so that there’ may be preserved as 
nearly as possible, an equality of rep- 
resentation for each ward, and so that 
as nearly as possible the terms of an 
equal number of the members Shall 
expire in each year, and at each suc- 
ceeding annual municipal _ election 
thereafter there shall then be elected 
for a full term of office, such number 
of members as shall be necessary to 
provide successors for those whose 
terms shall then be about to expire, 
and from such wards as shall be nec- 
essary to attain and preserve an equal- 
ity of representation for each ward. 
But each alderman or member of the 
school committee throughout his term 
of office shall be deemed to still rep- 
resent the ward from which he was 
elected, if the same can be identified, 
notwithstanding his removal  there- 
from into another ward or his exclu- 
sion therefrom by a change in the 
number or boundaries of the wards. 

Section §8.—If the person elected as 
mayor shall refuse to accept the office, 
of if said office become vacant from 
any cause, a new election of a mayor 
shall be called as provided by law, and 
repeated from time to time if neces- 
Sary, until a mayor shall be elected 
and shall accept said office. — 

Section 9.—On the third Tuesday 
preceding every annual or special city 
election, at which any officer is to be 
elected by the qualified voters of said 
city, there shall be held a municipal 
caucus for the purpose of nominating 
candidates for such offices as are to be 
filled at such election, and the notice 
calling for such municipal caucus shall 
be issued at least forty days before 
the date of such election. 

Section 10.—At every municipal cau- 
cus the polls shall be opened at such 
hour and kept open for such length of 
time as shall be stated in the call 
therefor; and, except as otherwise pro- 
vided in this act, every municipal cau- 
cus shall be called by the same officers 
and held in the same manner and with 


the same election officers as an annual 
city election, and like provision shall 
be made of polling places, official bal- 
lots, special ballots, specimen ballots, 
ballot boxes, voting and counting 
devices, voting lists, blank forms, ap- 
paratus and supplies, and by the same 
officials, as at an annual city election, 
and the provisions of law relating to 
election officers, voting places for elec- 
tions, election devices and apparatus 
and blanks, calling and conduct of 
elections, manner of voting at elec- 
tions, counting and recounting of votes 
at elections, corrupt practices, and 
penalties, shall apply to every such 
municipal caucus. 

Section 11.—Any eligible person who 
is qualified to vote for a candidate for 
any office to be filled at an annual or 
special city election, and who is a can- 
didate for nomination for such office, 


may have his name, as such candidate, — 


printed on the official ballots to be 
used at the municipal caucus for 
nominations therefor, if he shall, 
at least ten days prior to such 
municipal caucus, file with the city 
clerk, a statement in writing of 
his candidacy, subscribed by him un- 
der oath, setting forth his name, the 
street and number of his residence as 
shown on the voting list, the office and 
term and ward (if any) for which he 
seeks nomination, and a request that 


his name be printed on such official. 


ballots for such municipal caucus, and 
shall at uhe same time file therewith 
a petition of at least twenty-five voters 
qualified to vote at such municipal 
caucus, for a candidate for such office, 
subscribed by each such voter with his 
name and the street and number of his 
residence as shown on the voting list, 
requesting that the name of such can- 
didate be printed on such official bal- 
lots for such municipal caucus as a 
candidate for nomination for such of- 
fice. Women qualified to vote for 
members of the school committee may 
become candidates for nomination 
therefor, and may sign petitions of 
candidates therefor, in the same man- 
ner as male voters, and may vote for 
candidates for nomination therefor at 
any municipal caucus for that purpose 
in the same manner as male voters. 
Section 12.—On the first day, other 
than Sunday or a legal holiday, fol- 
lowing the expiration of the time for 
filing the above described statements 
and petitions, the city clerk shall cause 
to be published in one or more daily 
newspapers of said city, the names and 


ments and petitions, 


T.9 3¢ 

tee A a eg, 
residences of the candidates for nom- 
ination who have duly filed such state- 
and the offices 


<"and terms and wards for which they 
“are candidates, as they are to appear 


on the official baliots at the municipal 


Me 


caucus; and he shall thereupon pre- 
_pare and cause to be printed the offi- 


— ° Ts 
—.Cial ballots for such municipal caucus, 


~which shall be the only ballots used 
at the same. They shall be headed in 
.such manner as to show that they are 
- official preliminary -ballots, the ward in 
which, and the date on which they are 
to be used, and the offices for which 
nominations are to be made. 

Section 13.—On said official prelim- 
inary ballots there shall be printed the 
name of every candidate who has duly 
filed such a statement and petition as 
above required concerning any office 
for which nominations are to be made 
at such municipal caucus, and also 
his residence, and the title and term 
of the office, and the ward (if any), 
for which he is a candidate; and the 
names of no other candidates shall be 
prnted thereon. Special official pre- 
liminary ballots shall be prepared and 
printed in a similar appropriate man- 
ner for use at such municipal caucus 
by women qualified to vote therein for 
candidates for nomination for mem- 
bers of the school committee. There 
shall be printed on all said ballots such 
directions as shall aid the voters; for 
example, “‘vote for one,” “vote for two,” 
and the like. Blank spaces shall be 
left at the end of each list of candi- 
dates for nomination for the different 
offices, equal to the number to be actu- 
ally elected thereto, in which the 
voter may insert the name of any 
eligible person not printed on the bal- 
lot for whom he desires to vote for 
nomination for such office. There shall 
not be printed or placed on any such 
ballot or appended to the name of 

Sany candidate thereon, any party or 
political designation or mark, or any 
other distinguishing designation or 
mark except as above provided. 

Section 14.—Voters qualified to vote 
at a city election shall be qualified to 
vote at a municipal caucus, for candi- 
dates for nomination for any office, for 
whose election thereto they would be 
entitled to vote at a city election. 

Section 15.—The election officers 
shall, immediately upon the closing of 
the polls at municipal caucuses, count 
the ballots and ascertain the number 
of votes cast for each person for nom- 
ination for each office, in the voting 


places where they officiate, and shall 
make return thereof forthwith to the 
city clerk upon blanks to be furnished 
as in city elections. On the first day 
thereafter, other than Sunday or a 
legal holiday, the city clerk shall can- 
vass said returns and forthwith de- 
termine the result of such canvass and 
publish the same in one or more daily 
newspapers of said city. 

Section 16.-—The two persons receiv- 
ing at a municipal caucus the highest 
and second highest number of votes, 
respectively, for nomination for any 
office, shal] be the chosen nominees for 
that office, and their names shall be 
printed as such nominees on the offi- 
cial ballots to be used at the ensuing 
annual or special city election; ¢6x- 
cept that if two or more persons re- 
ceive the same highest number of votes 
for nomination for the same office, 
then such persons shall be such chosen 
nominees, and their names shall be 
printed as such on said official ballots. 

Section 17.—The provisions of the 
preceding section shall not preclude 
the city clerk from placing on the offi- 
cial ballots for a special city election 
the name of the holder of an office as 
a candidate therefor without nomina- 
tion in such event as elsewhere pro- 
vided in this act, nor be held to pro- 
hibit any legal number or body of 
voters from making nominations of 
candidates, in such manner as author- 
ized by law. for any office to be filled 
at any annual or special city election, 
and having the names, of their nom- 
inees printed as such upon the Official 
ballots to be used at such election; but 
there shall not be printed or placed 
on any such ballot, or appended to the 
name of any nominee thereon, any 
party or political designation or mark, 
or anything showing how he was nom- 
inated or indicating his views or opin- 
ions. 

Section 18.—Except as otherwise 
provided in this act, all annual and 
special city elections, and all matters 
pertaining thereto, shall be governed 
by the general laws of the common- 
wealth, so far as they may be ap- 
plicable. 


Organization of City Government. 


Section 19.—At 10 o’clock in the 
forenoon of the first Monday of Jan- 
uary, in the year nineteen hundred and 
fifteen, the existing city council, board 
of mayor and aldermen, board of al- 
dermen and common council, board of 
street commissioners, board of water 


commissioners, and board of trustees 
of public burial grounds, shall be abol- 
ished; the terms of office which the 
existing mayor, aldermen, common 
councilmen, members of the _ school 
committee, street commissioners, water 
commissioners, trustees of public bur- 
ial grounds, overseers of the poor, and 
engineers of the fire department, are 
then serving shall terminate; and, ex- 
cept as is otherwise provided in this 
act, all the present powers and duties, 
under any general or special acts, of 
the mayor, board of mayor and alder- 
men, board of aldermen, city council, 
common council, board of street com- 
missioners, board of water commis- 
sioners, and board of trustees of pub- 
lic burial grounds, shall vest in, de- 
volve upon, and be exercised and per- 
formed by the board of aldermen, con- 
sisting of the mayor and the aldermen 
elected under the provisions of this 
aCe 

Section 20.—The board of aldermen 
elected as aforesaid shall meet at ten 
o’clock in the forenoon on the first 
Monday of January in each year, and 
the oath of office shall then be admin- 
istered to the newly elected members 
thereof by the city clerks, or by a jus- 
tice of the peace, a certificate whereof 
shall be entered upon its journal. The 
board of aldermen shall then be or- 
ganized by the election of a president, 
who shall be its presiding officer in the 
absence of the mayor. It shall keep 
a record of its proceedings and judge 
of the election of its members. The 
oath of office may at any later time be 
administered to any member who may 
have been absent at its organization; 
and such organization shall take place 
at the aforesaid time, notwithstanding 
the absence, death, non-election, or 
refusal to serve, of the mayor or of 
one or more of the other members. 

Section 21.—The school committee, 
consisting of the mayor and the presi- 
dent of the board of aldermen, ex offi- 
ciis, and of the other members elected 
under the provisions of this act, shall 
meet for organization in the evening 
of the first Monday of January of 
each year, and the newly elected mem- 
bers thereof shall then be sworn to the 
faithful discharge of their duties, and 
a certificate thereof entered upon its 
journal. The mayor shall preside over 
its meetings when present, and in his 
absence the president of the board of 
aldermen shall preside. It shall keep 
a record of its proceedings, and judge 
of the election of its members, 


Section 22.—The board of aldermen 
shall annually, as soon after its organ- 
ization as may be convenient, elect for 
the term of the ensuing municipal year, 
three overseers of the poor, one or 
more assistant assessors of taxes from 
each ward, a chief engineer and as 
many assistant engineers of the fire 
department as it may deem sufficient, 
a city messenger, a city treasurer and 
collector of taxes, a purchasing agent, 
a city solicitor, a city engineer, a city 
physician, a superintendent of streets, 
a superiniendent of water works; an 
assessor of taxes for a term of three 
years; and also in such years and for 
such terms as required by law, a city 
clerk, a city auditor, and any other 
subordinate officers, whose election 
may be required by law, except as is 
otherwise provided in this act. It shall 
also within a like period appoint an- 
nually, or from time to time as re- 
quired by law, and for such terms as 
required by law, constables and police 
officers and any other’ subordinate 
officers whose appointment may be 
required by law and not otherwise 
regulated thereby; and shall also ap- 
peint a chief of police for the ensuing 
municipal year, with all the powers 
and duties of a constable, and such 
other subordinate officers and agents 
as may be required by the provisions 
of this act or as it may deem needful 
for the proper conduct of the city’s 
business in accordance with law and 
with this act, to continue in such office 
or employment for such terms as fixed 
by law, or otherwise during its plea- 
sure. 

Section 23.—The board of aldermen 
shall annually in January elect a mem- 
ber of a board of health consisting of 
three persons, one of whom shall be a 
doctor of medicine, and one a practi- 
cal plumber, to “hold | otiees for 
three years next succeeding the first 
Monday in February following his 
election. 

Section 24.—Except as otherwise re- 
quired by law or by the provisions of 
this act, all officers, whether hereunder 
or otherwise elected or appointed, shall 
continue in office after the expiration 
of their terms until their successors 
are elected or appointed and qualified. 
Unless otherwise provided and re- 
quired by law or ordinance in any 
case, elective officials shall be remov- 
able for cause, and appointive officials 
shall be removable at’ pleasure, by the 
board or authority electing or appoint- 
ing them. 


Section 25.—The board of aldermen 
and the school committee respectively 
shall prescribe the time and place of 
their regular meetings and the manner 
in which special meetings may be 
called. Meetings may also be held at 
any time when all .he members are 
present and consent’ thereto. The 
mayor and the president of the board 
of aldermen shall have the right to 
vote in the meetings of either body, 
and of any other body of which they 
are members ex officiis. The city clerk 
Shall be the clerk of vhe board of al- 
dermen. The superintendent of schools 
shall be the clerk of the school com- 
mittee, and shall be elected annually 
by that body. 

Section 26.—Except as otherwise re- 
quired by law or provided in this act, 
every board, committee or other offi- 
cial body shall choose its own chair- 
man and clerk, and esiablish rules for 
the conduct of its business; but the 
mayor shall be the chairman ex officio 
of those of which he is a member. 

Section 27.—Should the office of 
mayor become vacant, the president of 
the board of aldermen shall exercise 
the powers and perform the duties of 
the mayor until a new mayor shall be 
elected and qualified. Should the office 
of any alderman become vacant, the 
same shall be filled for the unexpired 
term by the election of a member from 
the same ward, by a majority vote of 
the remaining members of the board 
of aldermen. Any vacancy in the 
school committee shall be filled from 
the same ward by joint ballot of the 
board of aldermen and school com- 
mittee in any year until the end of 
the municipal year in which a mem- 
ber can be elected for the remainder 
of the unexpired term at the next an- 
nual city election for which nomina- 
tions can be duly made at a munici- 
pal caucus. Any vacancy in any other 
office, board or body, shall be filled 
in the manner of an original election 
or appointment thereto, and for the 
remainder of the unexpired term, un- 
less otherwise required by law. 


The Mayor. 


Section 28.—The mayor shall be the 
chief executive officer of the city. He 
shall have all such powers and duties 
as expressly provided in this act, or 
implied or involved in his membership 
of any board, committee or body. Ex- 
cept as otherwise provided in this act, 
he shall also have all such powers 
and duties as may by law be vested 


2, | 


in or imposed upon the mayor of a 
city. He shall have and exercise all 
the executive powers of the city for 
which no other provision is made in 
this act or required by law, and shall 
exercise the same either personally or 
through the proper officers or boards 
under his general supervision and con- 
trol. 

Seccion 29.—The mayor shall be 
active and vigilant to secure the prop- 
er observance and enforcement of the 
laws and of the city’s ordinances and 
regulations, and shall keep a general 
advisory supervision over the conduct 
of all other city officers and of all 
branches of the city’s business. 

Section 30.—Except in cases of 
emergency measures as hereinafter de- 
fined, the mayor shall have such pow- 
er to veto as provided by law over 
such orders, ordinances, resolutions or 
votes of the board of aldermen, as in- 
volve an appropriation or expenditure 
of money or the raising of a tax, but 
of no others. Every order, resolution 
or vote of the school committee involv- 
ing an expenditure of money shall 
likewise be presented to him for his 
approval, and thereupon he shall have 
the same power of veto, and the same 
proceedings shall be had, as concern- 
ing similar orders, resolutions or votes 
of the city council. 


The Board of Aldermen. 


Section 381.—The board of aldermen 
shall have all such powers and duties 
as expressly provided in this act. Ex- 
cept as otherwise required by law or 
in this act, it shall also have and exer- 
cise by majoricy vote the legislative 
powers of towns and of the inhabi- 
tants thereof and all the powers and 
authority of a city council or a board 
of aldermen or a board of mayor and 
aldermen under the general laws of 
the commonwealth, and be subject to 
the duties imposed upon such a coun- 
cil or board, and shall also have and 
exercise in like manner all the powers 
vested by law in the city of Fitchburg 
or in the inhabitants thereof as a mu- 
nicipal corporation, or in the _ select- 
men of towns generally, or in the se- 
lectmen of the town of Fitchburg or 
the city council or the aldermen or the 
mayor and aldermen of the city of 
Fitchburg under any special act not 
inconsistent herewith. 

Section 32.—The board of aldermen 
shall be the principal executive board 
of said city, and shall have the general 
administration and control of its af- 


fairs and exercise its executive pow- 
ers excepting such as are reserved ex- 
Clusively by law or in this act to the 
mayor or the school committee or to 
any other officer, board or body. It 
shall have the active supervision and 
control of its subordinate officers and 
departments in all matters within its 
executive authority as aforesaid. The 
mayor and the several aldermen re- 
spectively as its members shall be 
heads of departments of the city’s 
business as hereinafter provided, and 
each of them shall manage his respec- 
tive department under the supervision 
and control of said aldermen as a 
board, which shall determine the policy 
to be pursued and the work to be un- 
dertaken in each department; and 
each member shall have full power 
to carry out such policy and have 
such work performed in his depart- 
ment as directed by said board within 
its executive authority as aforesaid. 

Section 33.—The supervision of the 
administration of all affairs within the 
executive authority of the board of 
aldermen shall be divided into seven 
aepartments, to wit: Public safety, 
public service, finance, health and 
charities, highways, public property. 
and civic affairs. Of the mayor and 
the several aldermen, the board of 
aldermen at the beginning af each 
municipal year shall by majority vote 
designate one to be director of public 
safety, one to be director of public 
service, one to be director of finance, 
one to be director of health and char- 
ities, one to be director of highways, 
one to be director of public property, 
and one to be director of civic affairs. 
Such designation may be changed 
whenever it appears that such change 
would promote the public interest. 

The department of public. safety 
shall include the following sub-depart- 
ments and all boards and offices con- 
nected therewith, to wit: Police, fire, 
wires and wire inspection, poles and 
conduits. 

The department of public service 
shall include the following sub-de- 
partments and all boards and offices 
connecied therewith, to wit: Water 
supply, water works, street watering, 
hydrants, fountains, public lighting 
and the exercise of public franchises. 

The department of finance shall in- 
clude the following sub-departments 
and all boards and offices connected 
therewith, to wit: Treasury, auditing, 
assessing, tax collection, sinking funds, 
purchasing, and printing. 


The department of health and char- 
ities shall include the following sub- 
departments and all boards and of- 
fices connected therewith, to wit: 
Health, city physician, hospitals, gar- 
bage collection, inspection of animals, 
inspection of meat and provisions, in- 
spection of milk and vinegar, poor, 
soldiers’ relief, state and military aid. 

The department of highways shall 
include the following sub-deparuments 
and all boards and offices connected 
therewith, to wit: Streets, highways 
and other ways, sidewalks, bridges, en- 
gineering, and collection of ashes. 

The department of public property 
shall include the following sub-depart- 
ments and all boards and offices con- 
nected therewith, to wit: Public build- 
ings, building inspection, cemeteries, 
parks, public grounds, forestry and 
moth suppression. 

The department of civie affairs shall 
include the following sub-departments 
and all boards and offices’ connected 
therewith, to wit: Weights and meas- 
ures, licenses, city clerk, city records, 
registration of voters, elections, claims, 
and legal affairs. 

Any board or official or branch of 
city business within the executive au- 
thority of the board of aldermen and 
not included in the foregoing assign- 
ment of departments, shall be assigned 
by ordinance to the departmen:r best 
adapted to include the same. And the 
board of aldermen may by ordinance 
change the name or number of said 
departments of the _ distribution of 
boards, offices, and sub-departments 
among them, whenever it is deemed 
necessary for the public interest. 

Section 84.—The board of aldermen 
shall elect and appoint subordinate 
officers, agents and boards, as pro- 
vided in sections twenty-two and 
twenty-three of this act, and _ shall 
have such powers of removal as pro- 
vided in section twenty-four of this 
act, and shall also have like powers of 
suspension as of removal unless other- 
wise required by law or ordinance, in 
any case. It may also by ordinance, 
unless contrary to the express pro- 
visions of law or of this act, establish 
additional offices or boards and de- 
fine their duties and assign them to 
proper departments or may likewise 
abolish any established office or board 
or divide and distribute its powers and 
duties, or consolidate established of- 
fices or boards, or increase or diminish 
the number of persons performing the 
duties of any office or board. 


Section 35.—Except as otherwise re- 
quired by law or by this act, the board 
of aldermen shall fix the salaries or 
compensation of all officers and em- 
ployees of the city. The salaries of the 
mayor and aldermen for the year nine- 
teen hundred and fifteen shall not ex- 
ceed the sum of two thousand dol- 
lars for the mayor, or the sum of one 
thousand dollars for each alderman, 
and no increase of the salaries of the 
mayor or aldermen at any time shall 
affect the salary of the mayor or any 
alderman during the term he is then 
serving. A member of the board of 
aldermen shall not during his term of 
office hold any other office or employ- 
ment entitling him to any additional 
salary or compensation from the city, 
but he may without additional com- 
pensation hold or perform the duties of 
any office or employment within his 
respective department or which he 
may already hold at the time of his 
election as mayor or alderman. 

Section 36.—The board of aldermen 
shall have authority and power to lay 
out or alter or discontinue any street 
or way or sidewalk, and to estimate 
the damages any person may sustain 
thereby, and to make such assess- 
ments therefor as may be authorized 
by law. It shall have the care and su- 
perintendence of the city buildings, 
and the custody and management of 
all city property, with power to let 
what may be legally let, and to sell 
or purchase property, real or personal, 
in the name and for the use of the 
city, whenever its interests or con- 
venience may in their judgment re- 
quire it; and it shall, as often as once 
a year, cause to be published for the 
use of the inhabitants, an itemized ac- 
count of the receipts and expenditures 
and a schedule of city property and 
of the city debt. It shall take care 
that no money be paid from the treas- 
ury unless granted or appropriated, 
and shall secure a just and proper ac- 
countability, by requiring bonds with 
sufficient penalties and sureties from 
all persons intrusted with the receipt, 
custody or disbursement of money. 

Section 37.—The board of aldermen 
shall have power within said city, to 
establish ordinances consistent with 
law and with this act or to amend or 
repeal the same, and to affix thereto 
such penalties as provided or author- 
ized by law without the sanction of 
any court or of any justice thereof. 
Any ordinance so- established or 
amended shall be published forthwith 


~] 


in such newspapers as designated by 
said board of aldermen, and shall, sub- 
ject to the provisions of this act relat- 
ing to the referendum, and_ unless 
passed as an emergency measure for 
the immediate preservation of the 
public health, peace or safety, or un- 
less containing an express provision 
for a later date, take effect at the ex- 
piration of ten days from its passage 
if no penalty is provided for its vio- 
lation, and otherwise at the expira- 
tion of thirty days from its passage. 
Any emergency ordinance shall take 
effect upon its passage. All existing 
ordinances, so far as consistent with 
this act, shall continue in force until 
amended or repealed. 

Section 38.—No public franchise, nor 
any right in, under or over any public 
street or way, shall be granted ex- 
cept by a majority vote of all the 
members of the board of aldermen; 
and every order granting any such 
franchise or right shall lie on the 
table in said board for at least one 
week before its final passage, and shall 
be subject to the provisions of this 
act relating to the referendum; and 
no general public franchise shall be 
valid until the same shall be sub- 
mitted to the voters of the city, and be 
approved by a majority vote of the 
qualified voters of the city voting 
thereon at a regular or special city 
election. 

Section 39.—Any legislative measure 
of the board of aldermen except grants 
of franchises and rights as aforesaid 
or measures involving an expenditure 
or liability of more than three hundred 
dollars, may be passed through all its 
stages of legislation at one meeting if 
no member objects thereto. Any meas- 
ure except granis of franchises and 
rights as aforesaid, if passed as an 
emergency measure by an affirmative 
vote of at least two-thirds of said 
board for the immediate preservation 
of the public health, peace or safety, 
and containing an express statement of 
its urgency, may be passed through all 
its stages at one meeting. Except as 
aforesaid, final action on any measure 
shall be postponed until some future 
meeting. All measures, except emer- 
gency measures, shall be subject to 
the provisions of this act relating to 
the referendum. Any emergency 
measure shall take effect upon its 
passage. Subject to said provisions for 
the referendum, all other measures ex- 
cept ordinances and general fran- 
chises shall take effect at the expira- 


tion of ten days from their passage 
unless vetoed by the mayor under the 
authority provided in this act, and any 
measure so vetoed shall take effect 
only at the expiration of ten days 
after it shall have been passed again, 
notwithstanding such disapproval, in 
the manner required by law. 


Schools. 


Section 40.—Except as. otherwise 
provided in this act, the school com- 
mittee shall Have all the powers and 
duties pertaining by law to school 
committees. It shall elect annually 
a superintendent of schools, and shall 
from time to time elect or appoint 
such subordinate officers, teachers and 
employees as required by law, and may 
also appoint such others as it may 
deem necessary for the discharge of 
its duties and the conduct of the 
schools of said city. Except' as other- 
wise required by law or by this act, it 
shall define their terms of Service and 
duties, and fix their salaries or com- 
pensation, and may suspend or remove 
them at pleasure. Its members shall 
serve without compensation, and shall 
not during their term of office hold 
any paid office or employment under 
the appointment or control of said 
committee. 

Section 41.—Unless so authorized by 
law, the school committee shall not 
cause any expenditure or liability to 
be made or incurred for any purpose 
beyond the specific appropriation made 
therefor by the board of aldermen, ex- 
cept! that before the annual appropria- 
tions are made in any new financial 
year, monthly liabilities payable out of 
a regular appropriation may be in- 
curred to an amount not exceeding in 
any month one-tenth of the total ap- 
propriation for similar purposes in the 
preceding year. 


Overseers of the Poor. 


Section 42.—The board of overseers 
of the poor shall consist of the mayor 
and the president of the board of al- 
dermen ex oOfficiis, and of three persons 
elected as provided in section twenty- 
two of this act, of whom not more than 
one shall be elected from the same 
ward. 


Purchasing Agent. 

Section 43.—There shall be a pur- 
chasing agent who shall purchase all 
supplies for the city; but all purchases 
or contracts for ‘purchase involving 


more than twenty-five dollars shall 
be based upon competition. Supplies 
for the school department shall be 
purchased in accordance with such 
requests and specifications as received 
from the school committee. A record 
shal] be kept of the prices paid, and 
to whom paid, for all supplies, and 
shall be open to public inspection. 


Sewage Disposal. 


Section 44.—The provisions of chap- 
ter four hundred and sixty-one of the 
acts of the year nineteen hundred and 
ten, and of chapter four hundred and 
forty of the act's of the year nineteen 
hundred and twelve, and of all other 
acts consistent therewith relating to 
ithe sewage disposal of said city shall 
continue in force; and the board of 
sewage disposal commissioners during 
their period of office shall continue to 
exercise such powers and _ perform 
such duties as therein provided. 


Fire Protection. 


Section 45.—All powers and authori- 
ty formerly vested in the selectmen of 
the town of Fitchburg in'‘relation to 
the fire department in said town and 
later transferred to and vested in the 
mayor and aldermen or the city coun- 
cil of said city, and all such powers 
vested in said city or the mayor and 
aldermen or the city council by any 
act of the legislature, are hereby given 
to and vested in the board of aldermen 
constituted in accordance with this 
act. The board of aldermen may es- 
tablish fire limits within the city and 
change or enlarge the same from time 
to time, and regulate by ordinances 
consistent wich law the construction 
and inspection and use of buildings or 
structures erected within said limits 
and said city, stipulating their lo- 
cation, sizes, and the materials of 
which they shall be constructed, and 
such other rules and regulations as 
may.tend to prevent damage by fire 
or to preserve life. 


Water Supply. 


Section 46.—The powers and author- 
ity heretofore vested in the town of 
Fitchburg, or in the city of Fitchburg, 
with reference to water and water 
supply and the protection of the purity 
thereof, and all votes of said town or 
city passed in accordance with any act 
of the legislature concerning water or 
water supply in said town or city or 
the protection of the purity thereof, 
Shall continue in force. 


- 


Burbank Hospital. 


Section 47.—-The provisions of chap- 
ter four hundred and twenty-two of 
the acts of the year eighteen hundred 
and ninety, and of all other acts con- 
sistent therewith relating to the estab- 
lishment and maintenance of a pub- 
lic hospital as contemplated by the 
will of Gardner S. Burbank, shall con- 
tinue in force. 


Municipal Development Commission. 


Section 48.—The provisions of chap- 
ter three hundred and twenty-seven 
of the acts of the year nineteen hun- 
dred and thirteen, entitled “An act to 
provide for a municipal development 
commission for the city of Fitchburg,” 
Shall continue in force for the period 
therein provided. 

Section 49.—Neither the board of al- 
dermen nor the school committee shall 
make or pass any measure involving 
an expenditure or liability of more 
than three hundred dollars, or making 
or authorizing any contract involving 
such expenditure or liability, unless 
the same is introduced in writing and 
notice thereof is published by the city 
clerk in one or more daily newspapers 
of said city at least one week before 
its passage, except an emergency 
measure for the immediate preserva- 
tion of the public health, peace or 
safety containing a statement of its 
urgency and passed by an affirmative 
vote of at least two-thirds of said 
board of aldermen or of said school 
committee. The city clerk shall pub- 
lish said notice as soon as any such 
measure or a written copy thereof 
is filed with him for introduction or 
for such publication. 

Section 50.—The director of finance 
shall in each month cause to be printed 
in pamphlet form a detailed itemized 
statement of all receipts and expendi- 
tures of the city during the preceding 
month, and of all bills and accounts 
owed by the city at the end of the 
preceding month, in such a manner as 
to show the monthly revenue and ex- 
penses of each department, and shall 
furnish copies thereof to the public 
library, to all newspapers published in 
said city, and to persons who may ap- 
ply therefor. At the end of the mu- 
nicipal year he shall cause a complete 
examination of all books and accounts 
of the city to be made by competent 
accountants, and shall publish the re- 
sult of such examination in the man- 
ner above provided concerning month- 
lv statements. The school committee 


shall furnish to him such information 
facts, figures and data as may be nec- 
essary to carry out the provisions of 
this section concerning the school de- 
partment. 


Recall of Officers. 


Section 51.—The holder of any elec- 
tive city office may be removed there- 
from by the voters qualified to vote at 
city elections, except in cases where 
such removal would be contrary to the 
express requirements of general] or 
special law. A petition therefor, 
signed by at least one-fourth of the 
registered voters of the city, and de- 
manding an election by said qualified 
voters of a successor to the person 
whose removal is sought, shall be 
filed in the office of the city clerk. 
Such petition may consist of several 
distinct papers, each of which shall 
contain a general statement of the 
grounds for removal. Each signer 
shall add to his name the street and 
number of his residence as shown on 
the voting list. One signer of each 
paper shall make oath that he be- 
lieves the statements therein made to 
be true and each signature to be gen- 
uine. 

Within ten days after the original 
filing of such petition, the city clerk, 
with the assistance of the registrars 
of voters, shall examine such petition 
and all papers until then filed as a 
part thereof, to ascertain whether the 
same are signed by the required num- 
ber of voters, and shall certify thereon 
the result of his examination. If from 
such certificate, the petition appears 
not to be signed by the required num- 
ber of voters it may be supplemented 
within ten days thereafter by other 
papers in like form as aforesaid; and 
the city clerk, within ten days after 
such supplementation, shall make a 
like examination of the petition as 
supplemented, and certify the result 
thereon; and if the petition is found 
to still lack a _ sufficient number of 
signers, no further proceedings shall 
be had thereon. Registered women 
voters shall be deemed qualified voters 
under the provisions of this section in 
case of petitions affecting members of 
the school committee and shall be 
counted as such in computing the suf- 
ficiency of such petitions, but not! oth- 
erwise. 

If the petition as filed or supple- 
mented, shall be certified by the city 
clerk to be sufficient, the board of al- 
dermen shall forthwith call the election 


so demanded, and shall fix therefor a 
date not less than forty days there- 
after. Such election shall be called 
and held and conducted, nominations 
made therefor, returns thereof made 
and the result thereof declared in the 
same manner as other city elections, 
except as otherwise provided in this 
section. The person whose removal is 
sought may be a candidate at such 
election without being nominated at 
the municipal caucuses or otherwise, 
and the city clerk shal] place his name 
as a candidate on the official ballot 
unless he requests otherwise in writ- 
ing. If any candidate other than the 
incumbent receives the highest number 
of votes, he shall be declared elected, 
shall thereupon enter upon the office 
for its unexpired term, and the in- 
cumbent shall be deemed to be there- 
by removed therefrom. No election 
under the provisions of this section 
shall be held upon or called for any 
date wischin three months next pre- 
ceding the annual city election or with- 
in three months next following any 
regular or special city election; but the 
same may be held in connection with 
such annual election, and a single date 
may be fixed for a special election con- 
cerning any number of distinct offices 
or matters for which an election may 
be required in accordance with the 
provisions of this or any other section 
of this act. 


Initiative. 


Section 52.—If a petition, by at least 
one-fifth of the registered voters of the 
city, signed, sworn, examined and veri- 
fied in the same manner as required in 
the preceding section, requesting the 
board of aldermen or school committee 
to pass some measure therein set forth 
or described, shall be filled in the office 
of the city clerk and certified by him to 
be sufficient in like manner as provided 
in the preceding section, uhe board of 
aldermen or the school committee, as 
the case may be, shall if such measure 
be one which it may have a legal right 
to pass: 

(a) Pass such measure without al- 
teration within twenty days after the 
city clerk’s certification of the suffi- 
ciency of such petition, or 

(b) Submit such measure to the 
qualified voters of the city at an elec- 
tion to be called therefor in the manner 
provided in the preceding section, or 
at the next annual city election if so 
requested in the petition; provided 
that no election under the provisions 


of this section shal] be held upon or 
called for any date within three 
months next preceding the annual city 
election or within three months next 
following any regular or special city 
election, and that a single date may be 
fixed for a special election concerning 
any number of distinct measures or 
offices for which an election may be re- 
quired in accordance with the provi- 
sions of this or any other section of 
this act. 

The votes upon any such measure 
at any such election shall be taken by 
ballot in answer to the question, “Shall 
the measure (stating its nature) be 
passed?” which shall be printed on the 
ballots afver the list of candidates, if 
any. If a majority of the qualified 
voters voting on any proposed measure 
shall vote in favor thereof, it shall 
thereupon become a valid and binding 
measure of the city; and no measure 
passed by the board of aldermen or 
school committee, or by the qualified 
voters of the city, under the provisions 
of this section, shall be repealed or 
amended except by the qualified voters 
of the city at an annual or special city 
election. ‘The board of aldermen or 
school committee, as the case may be, 
may submit a proposition for the re- 
seal or amendment of any such meas- 
ure to such a vote at any annual city 
election; and should such proposition 
receive a majority of the votes there- 
on at such election, the measure shall 
thereby be repealed or amended ac- 
cordingly. The vote upon such repeal 
or amendment at any election shall be 
taken by ballot in answer to the ques- 
tion, “Shall the measure (stating its 
nature) be repealed?’ or “amended 
(stating the nature of the amend- 
ment)?’ as the case may be, which 
skall be printed on the ballots after the 
list of candidates, if any. 

Whenever any such measure or 
proposition is required by this act to 
be submitted at any election as afore- 
said, the city clerk shall cause the 
same to be published once in all the 
daily newspapers published in said 
city, such publication to be not less 
than five days before the date of such 
election. 

A petition under the provisions of 
this section may consist of several dis- 
tinct papers, each of which shal] set 
forth or describe the measure whose 
passage is requested; and shall be pre- 
sented forthwith by the city clerk to 
the body to which it is addressed, when 


found by him to be sufficient for certi- 


10 


fication as aforesaid. Any measure 
passed in any manner provided in this 
section may prescribe such penalty for 
its violation as either the board of al- 
dermen or the school committee would 
otherwise ‘have the right to affix to 
such a measure. If any proposed 
measures passed at the same election 
conflict with each other in any of 
their provisions, they shall take effect 
as to such provisions as are not in 
conflict, and that one of the conflict- 
ing provisions shall take effect which 
is contained in the measure receiving 
the greatest number of affirmative 
votes, and the other conflicting provi- 
sions shall be void. 

Registered women voters shall be 
deemed qualified voters under the pro- 
visions of this section in case of such 
proposed measures as are wholly with- 
in the rights and powers of the school 
committee, and shall be counted as 
such in computing the sufficiency of 
petitions therefor, but not otherwise. 


Referendum. 


Section 53.—If during the ten days 
next following the passage of ‘any 
measure by the board of aldermen or 
school committee, a petition signed by 
at least one-seventh of the registered 
voters of the city, protesting against 
the passage thereof, shall be filed in 
the office of the city clerk, such meas- 
ure shall be suspended from taking ef- 
fect and its passage shall be recon- 
sidered, and if not wholly repealed it 
shall be submitted to the qualified 
voters of the city at the next annual 
city election, or at an election to be 
called and held in like manner as un- 
der the preceding section, and it shall 
not take effect or become operative 
unless a majority of the qualified 
voters voting thereon shall vote in fa- 
vor thereof. The vote thereon at any 
such election shall be taken by ballot 
in answer to the question, “Shall the 
measure (stating its nature) take ef- 
fect?” which shall be printed on the 
ballots after the list of candidates, if 
any. A petition under the provisions 
of this section may consist of several 
distinct papers, each of which shall 
set forth or describe the measure 
whose passage is protested; and it 
shall be signed, sworn, examined, cer- 
tified, and presented to the proper body 
in like manner as petitions under the 
preceding section; and such petition 
and the proceedings thereon, and ques- 
tions arising in or resulting from 
the submission of a protested measure 


11 


to an eiection as herein provided, shall 
be subject to the provisions of the 
preceding section so far as applicable 
thereto and consistent with those of 
this section. 


Meetings of Citizens. 


Section 54.—General meetings of the 
citizens may be held from time to time 
to consult upon the public good, to 
instruct their representatives, and to 
take al] lawful means to obtain redress’ 
for any grievances. Such meetings 
shall be called by the board of alder- 
men upon the petition of fifty qualified 
voters, stating the purposes thereof; 
and public notice of the same shall be 
given at least three times in one or 
more newspapers of said city. 


General Provisions. 


Section 55.—All acts and parts of 
acts inconsistent with this act are 
hereby repealed so far as inconsistent 
herewith and applicable to the city of 
Fitchburg; and all ordinances, orders 
or resolutions, or parts thereof, incon- 
sistent with this act are hereby an- 
nulled so far as inconsistent herewith; 
but such repeal or annulment shall not 
affect’ any rights accrued, any penalty 
or forfeiture incurred, or any _ suit 
pending when the appeal or annulment 
takes effect; and all persons then hold- 
ing office under existing provisions of 
law, except as herein otherwise provid- 
ed, shall continue to hold office and 
exercise the powers thereof until their 
successors are elected or appointed in 
accordance with the provisions of this 
act; and all act's, ordinances, orders 
or resolutions, or’ parts thereof, not 
inconsistent herewith, shal] continue in 
force so far as consistent herewith un- 
til hereafter repealed or amended. 

Section 56.—This act shall be sub- 
mitted to the qualified male voters of 
the city of Fitchburg at a special elec- 
tion to be held on the third Tuesday of 
September in the year nineteen hun- 
dred and fourteen. The vote shall be 
taken by ballot, in accordance with the 
provisions of law regulating elections, 
in answer to the question, “Shall an 
act passed by the general court in the 
year nineteen hundred and fourteen, 
entitled ‘An act to revise the charter 
of the city of Fitchburg’ be accepted?” 
The affirmative votes of a majority 
of those voting thereon shall be re- 
quired for its acceptance. 

Section 57.—So much of this act as 
directs its submission to the voters of 


_ Said city shall take effect upon its pas- 


sage. If accepted upon such submis- 
sion, so much thereof as relates to 
elections and municipal caucuses here- 
under shall then apply to the nom- 
ination and election of officers to be 
elected hereunder at the annual city 


INIT, 


430413 


election to be held on the first Tuesdé 
of December in the year nineteen hu 
dred and fourteen, and its remainir 
provisions shall take full effect on tl 
first Monday of January in the ye 
nineteen hundred and fifteen. 


